Hindsight

6 years ago

Bush v. Gore, 10 Years Later

Usually, momentous Supreme Court cases are cited often in the years after their decision. But compared to
Brown v. Board of Education, cited over 25 times in the 10 years after 1954, or
Roe v. Wade, cited over 65,
Bush v. Gore has been cited exactly zero times in the last 10 years. However, writes Jeffrey Toobin in The New Yorker, the case set a more general and pernicious precedent: the casting aside of judicial restraint and deference to states' rights in favor of partisan politics. Despite decrying judicial activism, conservative justices, led by one of Bush's lawyers in the Florida recount debacle, Chief Justice John G. Roberts, Jr., have been eager to overturn the work of legislatures when it comes to guns, campaign finance, and environmental protection. This activism, Toobin writes, "is the tragedy of
Bush v. Gore. The case didn't just scar the Court's record; it damaged the Court's honor."